Sunday, June 3, 2012

Pennsylvania Supreme Court to Address Validity of "Error in Judgment" Defense in Med Mal Cases

The Pennsylvania Supreme Court has agreed to address an appeal on whether medical malpractice Defendants may rely upon an “error in judgment” defense at trial. In the case of Passarello v. Grumbine, the court issued two orders on May 23, 2012 granting petitions for allowing to appeal the issue.

Tort talkers may recall that, in the Superior Court decision of Passarello v. Grumbine, that court granted a new trial to the Plaintiffs and retroactively applied it to a 2009 ruling in Pringle v. Rapaport, which banned the “error in judgment defense in medical malpractice cases.” Here is a LINK to the prior tort talk post on the Superior Court’s decision.

Source: Article: “Pa. Justices to Consider ‘Error in Judgment’ Med Mal Defense” by Zack Needles of  The Legal Intelligencer (May 29, 2012).

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